The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

Opting out of [F1 this Section of] the Scheme N.I.

157.—(1) A person who is an active member of [F1 this Section of] the Scheme in any [F2 HSC] employment may opt at any time to cease to be such a member by giving notice in writing to the person's employing authority.

[F3 (2) A person who opts out under paragraph (1) ceases to be an active member of this Section of the Scheme on the date the notice takes effect and, if applicable, any contributions made by or on behalf of the person for a period of membership after the date on which the notice was effective must be refunded.]

(3) The notice takes effect—

(a) from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b) if the notice specifies a later date, from the beginning of the first pay period after that in which the specified date falls.

[F4 (4) A person to whom paragraph (1)(a) of regulation 156 applies in respect of an employment who gives notice in writing under paragraph (1) of this regulation within one month of the date of commencing that HSC employment, is treated as not having become an active member by virtue of that regulation.

(5) A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the person’s—

(a) automatic enrolment date, or

(b) automatic re-enrolment date: this does not apply where the notice was given within 12 months immediately preceding that date.]

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A practitioner who opts not to contribute to [F1 this Section of] the Scheme [F6 in respect of one or more employments as a practitioner under this Part must do so] in respect of all his employments as a practitioner [F7 but] may, nevertheless, participate in [F1 this Section of] the scheme in respect of concurrent employment as an officer under Part 2 [F8 or as a locum practitioner] [F9 : this is subject to paragraph (10) of regulation 260].

[F10 (8) This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act and regulations 9 or 15 of the 2010 Regulations applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the Scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the Scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.]

Textual Amendments

F1 Words in reg. 157 inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 1

F2 Word in reg. 157(1) inserted (with effect in accordance with reg 1(3)(c) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/73), regs. 1(2), 16(2)

F3 Reg. 157(2) substituted (with effect in accordance with reg 1(3)(c) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/73), regs. 1(2), 16(3)

F4 Reg. 157(4)(5) substituted (with effect in accordance with reg 1(3)(c) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/73), regs. 1(2), 16(4)

F5 Reg. 157(6) omitted (with effect in accordance with reg 1(3)(c) of the amending Rule) by virtue of The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/73), regs. 1(2), 16(5)

F6 Words in reg. 157(7) inserted (with effect in accordance with reg. 1(5) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 60(2) (with reg. 89)

F7 Word in reg. 157(7) inserted (with effect in accordance with reg. 1(5) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 60(3) (with reg. 89)

F8 Words in reg. 157(7) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/73), regs. 1(2), 16(6)

F9 Words in reg. 157(7) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment No.2) Regulations (Northern Ireland) 2014 (S.R. 2014/225), regs. 1(2), 17

F10 Reg. 157(8) added (with effect in accordance with reg 1(3)(c) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/73), regs. 1(2), 16(7)